(1) The actor recklessly
causes death under circumstances manifesting extreme indifference to human
life; or

(2) The actor causes the
death of another person while fleeing or attempting to elude a law enforcement
officer in violation of subsection b. of N.J.S.2C:29-2. Notwithstanding the
provision of any other law to the contrary, the actor shall be strictly liable
for a violation of this paragraph upon proof of a violation of subsection b. of
N.J.S.2C:29-2 which resulted in the death of another person. As used in this
paragraph, "actor" shall not include a passenger in a motor vehicle.

b. Criminal homicide
constitutes manslaughter when:

(1) It is committed
recklessly; or

(2) A homicide which would
otherwise be murder under section 2C:11-3 is committed in the heat of passion
resulting from a reasonable provocation.

c. Aggravated manslaughter
under paragraph (1) of subsection a. of this section is a crime of the first
degree and upon conviction thereof a person may, notwithstanding the provisions
of paragraph (1) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary
term of imprisonment between [10]15 and 30 years.
Aggravated manslaughter under paragraph (2) of subsection a. of this section is
a crime of the first degree. Manslaughter is a crime of the second degree.

(cf: P.L.2001, c.412, s.1)

2. This act shall take effect
immediately and shall apply to crimes occurring on or after the effective
date.

STATEMENT

This bill would increase the
ordinary term of imprisonment for certain cases of aggravated manslaughter from
between 10 and 30 years to between 15 and 30 years. Aggravated manslaughter, under
paragraph (1) of subsection a. of N.J.S.2C:11-4 occurs when the defendant
recklessly causes death under circumstances manifesting extreme indifference to
human life. Currently this type of aggravated manslaughter carries an ordinary
term of imprisonment of between 10 and 30 years.